Articles

DTCI: Medical Negligence vs. Premises Liability

When a patient is harmed during a medical procedure, a patient may elect to file a medical negligence claim against his physician and the health care facility in which the procedure occurred. However, when a patient is harmed during a hospitalization, should the claim still be pursued as one of medical negligence or is it more appropriately a premises liability claim?

Read More

DTCI Kudos

Lloyd H. Milliken, Jr., (past president) and Randall R. Riggs, partners in Frost Brown Todd, who were recognized in the September/October 2010 Super Lawyers® Corporate Counsel Edition.

John C. Trimble (past president), partner in Lewis Wagner, who has been appointed chair of the Public Policy Committee of DRI.

Read More

DTCI: Existing duty is prerequisite of negligence

To prevail on a claim of negligence, a plaintiff must show that a duty exists, that the duty was breached, and that damages resulted from that breach. It goes without saying that there can be no negligence or liability where there is no duty.

Read More

Why join DTCI

Call the DTCI offices and let the DTCI help you become a more effective defense attorney!

Read More

DTCI: Find your technological balance

Bryce Bennett Jr. feels compelled to reminisce and record some of the law office history and evolution that he has witnessed during his career and to note the blinding speed with which technology has overtaken our professional lives.

Read More

DTCI: Kudos

Patricia Polis McCrory was chosen the president-elect to the Kiwanis Club of Indianapolis.

Read More

DTCI: What I really meant to say. . .

The Seventh Circuit and the Indiana district courts have disallowed the “take home exam” theory of errata sheets, which can be particularly troublesome at the summary judgment stage.

Read More

DTCI: The broad scope of MDA preemption

In a series of decisions culminating in Riegel v. Medtronic, Inc.,  federal courts came to recognize that the
Medial Device Amendments preempted not only traditional products liability claims such as those based on an alleged defect
or implied warranty but also causes of action premised on theories such as consumer fraud.

Read More